Overstayed Visa Waiver adjustment of status put in hold in Newark, NJ

[mirandaale 0]

Does anybody know something about the overstayed visa waiver adjustment of status for marriege US citizen are being approved now, after being put in hold for a 3rd circuit court desicion last year? Somebody told so, but I don't find anything in the internet. I live in New jersey, and we are planing to move to new york where it seems aos are approved.

I call immigration and they don't have any idea what I"m talking about. Where can I find the decisions or policies that immigration offices make?

Thanks

Alejandra

[Haarp425 26]

Does anybody know something about the overstayed visa waiver adjustment of status for marriege US citizen are being approved now, after being put in hold for a 3rd circuit court desicion last year? Somebody told so, but I don't find anything in the internet. I live in New jersey, and we are planing to move to new york where it seems aos are approved.

I call immigration and they don't have any idea what I"m talking about. Where can I find the decisions or policies that immigration offices make?

Thanks

Alejandra

Not sure about 3rd circuit court decision regarding approving AOS for overstayed visa waiver holder. If you look at I-485 instruction, on page 2 10.K.

10. Who Is Not Eligible to Adjust Status?

10.K. You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, window, widower, or unmarried child under 21 years of age);

The Visa Waiver holder should be able to AOS since the alien is now an immediate relative of a USC. How long was the overstay? I suggest the alien should not get out of the US until the alien has obtained the GC.

[Darnell 8,479]

ya - this stuff was posted here on VJ ...

have you tried the advanced search feature?

suggested search terms -> 'VWP New Jersey denied'

let me know what you find?

[Myopia 93]

Does anybody know something about the overstayed visa waiver adjustment of status for marriege US citizen are being approved now, after being put in hold for a 3rd circuit court desicion last year? Somebody told so, but I don't find anything in the internet. I live in New jersey, and we are planing to move to new york where it seems aos are approved.

I call immigration and they don't have any idea what I"m talking about. Where can I find the decisions or policies that immigration offices make?

Thanks

Alejandra

Welcome! At this time I have not heard of any reversal of policy in New Jersey as relates to Visa Waiver Overstays. The last that I heard these applications were placed on hold.

At this time there seems that there may be some movement as relates to what will happen with these kinds of cases but it is too early to know whether there has been any change at the ground level.

The 1-800 number is operated by contracted workers. They are not Immigration officers and so may not be aware of any change in policy.

What exactly were you told and by whom?

[Harpa Timsah 13,258]

One VJ member, schatzi3277, was put on hold in Newark for overstay VWP and recently got approved. Not sure if that means it was just her case, or all of the Newark cases. See here, for instance

http://www.visajourney.com/forums/topic/270498-weird-case/page__view__findpost__p__4196299

Not sure if that means Newark is suddenly safe though. Have to wait for more updates. Good luck.

[Haarp425 26]

According to VJ posters regarding this link http://www.visalawyerblog.com/2010/08/visa_waiver_overstay_and_marri.html

From this excerpt: Up until last week, where a Visa Waiver entrant marries a U.S. citizen and then files to adjust status based on that marriage before being placed in removal proceedings for having overstayed, USCIS has been open to approving the adjustment of status application. Now, after the recent email and citing Momeni, USCIS in San Diego and in other cities take the position that only adjustment applications filed within the first 90 days of arrival (as in Freeman) are approvable and that if you wait until after the 90 days or if you wait until after you receive a Notice to Appear for Removal before you file your adjustment application, case will be denied.

IMHO, based on this document. Since the alien has overstayed, there is chance that the IO will deny the AOS. However, I am just hoping that as long as the Removal Proceeding has not started yet and you have already filed AOS and get interviewed, the IO may give the alien a break. In either scenario, the alien may get the AOS approved by the IO and if not the alien will have to face the immigration judge (removal proceedings) and then AOS through the immigration judge.

Note: In other AOS immigration cases where an alien filed for AOS and during the interview the IO have denied the AOS because Removal Proceedings has already been started against the alien.

[Harpa Timsah 13,258]

Haarp, we have been discussing this issue for quite a long time on VJ. Someone on VWP will never see an immigration judge because they sign away their rights to an immigration trial when they use VWP. Certain local offices are not "giving the alien a break" but rather denying. Newark is one of those local offices, so the OP is asking about Newark. Each local office is doing its own thing, which makes it complicated and confusing.

I'd start by reading this for an overview.

http://www.nytimes.com/2010/05/15/nyregion/15visa.html

[Darnell 8,479]

One VJ member, schatzi3277, was put on hold in Newark for overstay VWP and recently got approved. Not sure if that means it was just her case, or all of the Newark cases. See here, for instance

http://www.visajourney.com/forums/topic/270498-weird-case/page__view__findpost__p__4196299

Not sure if that means Newark is suddenly safe though. Have to wait for more updates. Good luck.

Ah - geographically challenging (not you, really)

NJ ain't NY - different USCIS districts, different Immigration Courts, different Judges.

NJ has clamped down on VWP based AOS - NY has not.

Newark ain't safe, suddenly or otherwise. To 'scrape through' Newark required some Herculean Effort.

[Harpa Timsah 13,258]

Ah - geographically challenging (not you, really)

NJ ain't NY - different USCIS districts, different Immigration Courts, different Judges.

NJ has clamped down on VWP based AOS - NY has not.

Newark ain't safe, suddenly or otherwise. To 'scrape through' Newark required some Herculean Effort.

I am not sure what you are saying. The OP asked about Newark, NJ. The OP said because of the situation in NJ, they were considering moving to NY to avoid the hassle. The OP said they had heard something about Newark cases being approved just lately and was wondering if they should still move. I linked them to one such VJ example in Newark, but did not say it meant all was fixed.

I know NY and NJ are different... you are calling me geographically challenged? Confused...

[Myopia 93]

Ah - geographically challenging (not you, really)

NJ ain't NY - different USCIS districts, different Immigration Courts, different Judges.

NJ has clamped down on VWP based AOS - NY has not.

Newark ain't safe, suddenly or otherwise. To 'scrape through' Newark required some Herculean Effort.

NJ didn't clamp down. They placed those VWP based AOS on hold. Clamping down would be what San Diego have been doing.

I wouldn't say that it took Herculean Effort. I would say that the memo that has been imminent has been received. The VJ member who was approved got her approval on March 4th.

Three days later the AILA liaisons confirm that USCIS HQ have sent a memo stating that VWP overstays can be adjusted whether they are within the 90 days or after.

I think the two are connected.

Once we have more information we can make more exact assumptions.

Since when has Newark been safe

[newlyweds2010 208]

I didn't know Argentina was part of the VWP though. Unless you arrived before Argentina was removed from the list in 2002.

Edited March 13, 2011 by newlyweds2010

[Boiler 46,096]

May explain why it is no longer a VWP country.

[newlyweds2010 208]

May explain why it is no longer a VWP country.

it was delisted after the recent economic crisis. The Department of State released a note saying that Argentina did not meet the requirements of the VWP any more.

[schatzi3277 6]

I was on hold for a little more then 8 month. I went for an info pass one month ago and at that point there was still no decision made on what to do with VWP over stayers. Why I got approved I don't know and there was another member from Argentina that was put on hold in Philadelphia topic "weird case". Maybe it would be interesting to find out if his case got adjusted or not. Thank you all and good luck to everyone.

[JimVaPhuong 4,863]

I was on hold for a little more then 8 month. I went for an info pass one month ago and at that point there was still no decision made on what to do with VWP over stayers. Why I got approved I don't know and there was another member from Argentina that was put on hold in Philadelphia topic "weird case". Maybe it would be interesting to find out if his case got adjusted or not. Thank you all and good luck to everyone.

According to the timeline in your signature, you adjusted under VAWA as a battered spouse. This substantially changes the rules. VAWA allows for adjustment even for people who entered the US illegally.